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Baum v. Rushton, No. 07-7589

By FindLaw Staff on July 16, 2009 | Last updated on March 21, 2019

In habeas proceedings following a murder prosecution, denial of a habeas petition is affirmed where retrying petitioner following a mistrial due to the discovery of the victim's body did not violate the Double Jeopardy Clause because petitioner failed to rebut a factual determination that the victim's body did not constitute "critical" prosecution evidence.

Read Baum v. Rushton, No. 07-7589

Appellate Information

Argued: January 28, 2009

Decided: July 16, 2009


Opinion by Judge King

Dissent by Judge Gregory


For Appellant:

John Henry Blume, III, Blume, Weyble & Norris, L.L.C., Columbia, SC

For Appellee:

Melody Jane Brown, Office of the Attorney General of South Carolina, Columbia, SC

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